Victoria’s Secret Settles Wage Lawsuit with Employees
Lingerie, clothing, and beauty retailer Victoria’s Secret recently agreed to pay employees $12 million to settle a class action claim filed against the company regarding its “call-in” scheduling policy. The class was made up of approximately 40,000 employees unhappy with their ambiguous work schedules.
The lawsuit was originally filed in 2014 by Mayra Casas and Julio Fernandez, and alleged the store owed unpaid wages to sales clerks sent home after they arrived for their scheduled shifts. Other clerks also accused Victoria’s Secret of cheating employees out of wages for shifts that required them to call in two hours ahead of schedule to see if they were needed. Both of these practices are illegal under California’s labor law wage order, which requires employers to pay employees who are asked to call in hours before a shift to see if they are needed.
In December 2014, Judge George H. Wu issued a tentative ruling stating he would dismiss the 28,000 call-in claims. He stated under the plain meaning of the law, if employees didn’t actually show up to work the shift for which they had to call in, they were not entitled to wages. The plaintiffs in the lawsuit appealed to the Ninth Circuit, but the settlement was reached before an appeal ruling could be issued.
The settlement provides cash to class members based on how long they were employed by the company. Victoria’s Secret maintains its innocence and has denied the claims listed in the lawsuit.
Lawmakers Attempting to Improve Working Conditions for Shift Workers
Wage laws similar to those in California’s labor law wage order are increasing in popularity. New York City recently passed a law that penalizes employer for not providing definitive schedules to employees in advance and requires employees to be compensated when they are on call or have any ambiguity in their scheduling.
Lawmakers have recently turned their focus to helping lower-wage earners in a variety of ways. Not only are minimum wage laws increasing the amount of money they must earn, there are also efforts to make it easier for them to balance work, family, education, and other responsibilities by implementing scheduling restrictions. Those who work shift work do not have the convenience of a typical eight hour day from 8 to 4 or 9 to 5, and lawmakers want to make it easier for people in these jobs to manage their lives.
If you believe your employer has failed to pay you wages you are owed, or you have concerns that the scheduling practices within your company are illegal, we can help. To learn more about wage and scheduling laws that might affect your job, contact Heavens Law at 888.897.5377 for a free consultation.